Allahabad High Court
Indra Pratap Singhs/O Dig Vijay Singh vs Union Of India Thru Secy. Finance & Ors. on 22 January, 2010
Author: Pradeep Kant
Bench: Pradeep Kant, Ritu Raj Awasthi
Court No. 1 Writ Petition No. 486 (MB) of 2010 Indra Pratap Singh Vs. The Union of India and others. Hon'ble Pradeep Kant, J.
Hon'ble Ritu Raj Awasthi, J.
Heard the counsel for the parties. With their consent, the petition is disposed of finally at the admission stage.
The petitioner appears to have taken some loan for purchase of a Car (Indigo LS) bearing registration number UP 45 D-4005 and he committed default in repayment thereof and, therefore, the vehicle has been taken over by the finance company.
It is for the petitioner to approach the finance company and make an offer for payment of the amount due, either in instalments or in lumpsum. We do not find any valid reason for the company not to accept the money, which is offered by the petitioner, may be in lumpsum or in some instalments.
Before parting, we may observe that once possession of the vehicle has been taken by the company, it is company's responsibility to see that the same is maintained properly and in case the petitioner approaches for making payment and makes payment as directed, there would be no occasion for transferring the vehicle in favour of any other person either by sale or otherwise. Subject to payment being made by him, the vehicle can also be handed over to the petitioner.
This order has been passed without prejudice to the right of the petitioner in pursuing his remedy in the appropriate forum, elsewhere, as may be provided under law.
The petition stands disposed of finally.
22.1.2010 MFA